Short title,
commencement.

1. This Act may be called the Indian
Trusts Act, 1882; and it shall come into force on the first day of March, 1882.

Local extent,
savings.

It extends to the whole of India except the State of Jammu
and Kashmir and the Andaman and Nicobar Islands; but the Central Government
may, from time to time, by notification in the Official Gazette, extend it to
the Andaman and Nicobar Islands or to any part thereof. But nothing herein
contained affects the rules of Muhamadan law as to waqf, or the mutual
relations of the members of an undivided family as determined by any customary,
or personal law, or applies to public or private religious or charitable
endowments or to trusts to distribute prizes taken in war among the captors;
and nothing in the Second Chapter of this Act applies to trusts created before
the said day.

Repeal of enactments.

2. The
Statute and Acts mentioned in the Schedule hereto annexed shall, to the extent
mentioned in the said Schedule, be repealed, in the territories to which this
Act for the time being extends.

Interpretation clause—"trust".

3. A "trust" is an obligation annexed to the
ownership of property, and arising out of a confidence reposed in and accepted
by the owner, or declared and accepted by him, for the benefit of another, or
of another and the owner:

"author of the
trust": "trustee": "beneficiary":  "trust property" :
"beneficial interest": "instrument of trust":

the person who reposes or declares the confidence is called
the "author of the trust": the person who accepts the confidence is
called the "trustee": the person for whose benefit the confidence is
accepted is called the "beneficiary": the subject-matter of the trust
is called "trust-property" or "trust-money": the
"beneficial interest" or "interest" of the beneficiary is
his right against the trustee as owner of the trust-property; and the
instrument, if any, by which the trust is declared is called the
"instrument of trust":

"breach of
trust":

a breach of any
duty imposed on a trustee, as such, by any law for the time being in force, is
called a "breach of trust".

“registered”:
“notice”:

and in this
Act, unless there be something repugnant in the subject or context,
"registered" means registered under the law for the registration of
documents for the time being in force a person is said to have "notice"
of a fact either when he actually knows that fact or when, but for wilful
abstention from inquiry or gross negligence, he would have known it, or when
information of the fact is given to or obtained by his agent, under the
circumstances mentioned in the Indian Contract Act, 1872 (9 of 1872), section
229; and all expressions used herein and defined in the Indian Contract Act,
1872 (expressions defined in Act 9 of 1872), shall be deemed to have the
meanings respectively attributed to them by that Act.